Bill Text: VA HB1630 | 2019 | Regular Session | Engrossed
Bill Title: Judges, substitute; powers and duties, entry of a final order.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-02-11 - Passed by indefinitely in Courts of Justice with letter (14-Y 1-N) [HB1630 Detail]
Download: Virginia-2019-HB1630-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §16.1-69.21 of the Code of Virginia is amended and reenacted as follows:
§16.1-69.21. When substitute to serve; his powers and duties.
In the event of the inability of the judge to perform the
duties of his office or any of them by reason of sickness, absence, vacation,
interest in the proceeding or parties before the court, or otherwise, such
judge or a person acting on his behalf shall promptly notify the appropriate
chief district judge of such inability. If the chief district judge determines
that the provisions of §16.1-69.35 have been complied with or cannot
reasonably be done within the time permitted and that no other full-time or
retired judge is reasonably available to serve, the chief district judge may
direct a substitute judge to serve as a judge of the court, which substitute
may serve concurrently with one or more of the judges of the court or alone.
When reasonably necessary, the chief district judge may designate a substitute
judge from another district within the Commonwealth. The committee on district
courts may adopt policies and procedures governing the utilization of substitute
judges. In such event, those policies and procedures will, where applicable,
control. While acting as judge, a substitute judge shall perform the same
duties, exercise the same power and authority, and be subject to the same
obligations as prescribed herein for the judge. A substitute judge shall
retain the power to enter a final order in any case [ taken under
advisement heard ] by the substitute judge for a period of [
seven 14 ] days after the date of a hearing of such
case. While serving as judge of the court, the judge or the substitute
judge may perform all acts with respect to the proceedings, judgments and acts
of any other judge in connection with any action or proceeding then pending or
theretofore disposed of in the court except as otherwise provided in this chapter
in the same manner and with the same force and effect as if they were his own.
